Legal Opinion

Swain v. Security Live Stock Insurance

Massachusetts Supreme Judicial Court

Decided February 28, 1896PublishedCited by 12 opinions

Contract upon a policy of insurance upon a horse owned by the plaintiffs. Trial in the Superior Court, without a jury, before Blodgett, J., who reported the case for the determination of this court, in substance as follows. On October 3, 1893, the plaintiffs were resident in Concord, New Hampshire. The horse was in charge of a trainer, named Cox, resident in Manchester in that State, and was kept at a race track in Pittsfield, in the same State, in charge of an agent of Cox.

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Contract upon a policy of insurance upon a horse owned by the plaintiffs. Trial in the Superior Court, without a jury, before Blodgett, J., who reported the case for the determination of this court, in substance as follows. On October 3, 1893, the plaintiffs were resident in Concord, New Hampshire. The horse was in charge of a trainer, named Cox, resident in Manchester in that State, and was kept at a race track in Pittsfield, in the same State, in charge of an agent of Cox. At about five o’clock in the afternoon of October 3, 1893, Cox was notified by telephone that the horse was unwell, and…

1Opinion of the Court

Allen,. J.

The plaintiffs’ horse was in charge of a trainer

named Cox, and lived twenty hours after Cox knew that it was sick. No notice was given to the defendant corporation until after the horse was dead. This was a plain failure to comply with the requirement of the policy, that, “ if the animal shall become sick or disabled, the insured shall notify the company within fifteen hours.” No fact appeal’s tending to show a waiver by the defendant of this requirement. The clause bears some analogy to the time limit in ordinary policies for proof of loss. The requirement was a valid one. Lohmes…

2Cases cited2 opinions

  1. Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
  2. Lohnes v. Insurance Company of North AmericaMassachusetts Supreme Judicial Court · 1877

3Cited by12 opinions

  1. Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
  2. Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
  3. Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
  4. McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
  5. Johnson v. Maryland Casualty Co.Supreme Court of New Hampshire · 1905

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